investigation claim (Texas) · Go Syfert
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investigation claim in Texas

54 Texas opinions name it 2 courts 1945–2025 5 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (15)

CaseFollowedCited
In re S.G.R.green
texapp · 2016 · cited in 3 Texas opinions naming this issue, 2016–2024
2 sentences

2024See id. § 54.02(a), (c); In re J.R., No. 05-20-00920-CV, 2021 WL 777090 , at *6 (Tex. App.—Dallas Mar. 1, 2021, pet. denied) (mem. op.) (citing In re S.G.R., 496 S.W.3d 235, 238 (Tex. App.—Houston [1st Dist.] 2016, no pet.)).

2021See id. § 54.02(a), (c); In the Matter of S.G.R., 496 S.W.3d 235, 238 (Tex. App.—Houston [1st Dist.] 2016, no pet.).

33
Moon, Cameronred
texcrimapp · 2014 · cited in 3 Texas opinions naming this issue, 2016–2018
2 sentences

2018Before it may properly exercise its discretion to transfer the child for criminal proceedings in a district court, a juvenile court must determine, after a full investigation and a hearing, “that there is probable cause to believe that the child . . . committed the offense alleged and that because of the seriousness of the offense alleged or the background of the child the welfare of the community requires criminal proceedings.” Id. § 54.02(a)(3); see also Moon, 451 S.W.3d at 46 .

2018Before it may properly exercise its discretion to transfer the child for criminal proceedings in a district court, a juvenile court must determine, after a full investigation and a hearing, "that there is probable cause to believe that the child ... committed the offense alleged and that because of the seriousness of the offense alleged or the background of the child the welfare of the community requires criminal proceedings." Id. § 54.02(a)(3) ; see also Moon , 451 S.W.3d at 46 .

33
Downs v. Continental Casualty Co.green
texapp · 2000 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007Co. , 32 S.W.3d 260, 263 (Tex. App.--San Antonio 2000), aff'd , 81 S.W.3d 803 (Tex. 2002) (determining that Legislature "sought to encourage a carrier uncertain of the compensability of an injury to pay the benefits pending a full investigation of the claim").

2007Co., 32 S.W.3d 260, 263 (Tex.App.-San Antonio 2000), affd, 81 S.W.3d 803 (Tex.2002) (determining that Legislature “sought to encourage a carrier uncertain of the compensability of an injury to pay the benefits pending a full investigation of the claim”).

22
In Re Foremost County Mutual Insurance Co.green
texapp · 2005 · cited in 7 Texas opinions naming this issue, 2011–2025
2 sentences

2025Id. at 134 .

2025Id. at 134 (holding that “as a matter of law” insurer “did not waive its contractual right to take [insured’s] EUO” despite requesting it more than fifteen days after receiving insured’s notice of loss). 22 As we have noted, the record reflects that although Allied first received Capurso’s claim in June 2022, the parties continued to communicate about the claim well into January 24, 2023, when Allied requested documentation concerning repairs made to the tile roof as referenced in Capurso’s prior correspondence.

17
Ex Parte Welborngreen
texcrimapp · 1990 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021“An attorney representing a criminal defendant is charged with making an independent investigation of the facts of the case.” Castellano v. State, 49 S.W.3d 566, 576 (Tex. App.—Corpus Christi–Edinburg 2001, pet. ref’d); see Ex parte Harrington, 310 S.W.3d at 458 (“A criminal-defense attorney ‘must have a firm command of the facts of the case’ before he or she may render reasonably effective assistance of counsel.” (quoting Ex parte Welborn, 785 S.W.2d 391 , 14 To the extent that Garcia’s subsidiary claim of plea involuntariness, predicated on the alleged affirmative misadvice, is a stand-alone

11
Ex Parte Harringtongreen
texcrimapp · 2010 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021“An attorney representing a criminal defendant is charged with making an independent investigation of the facts of the case.” Castellano v. State, 49 S.W.3d 566, 576 (Tex. App.—Corpus Christi–Edinburg 2001, pet. ref’d); see Ex parte Harrington, 310 S.W.3d at 458 (“A criminal-defense attorney ‘must have a firm command of the facts of the case’ before he or she may render reasonably effective assistance of counsel.” (quoting Ex parte Welborn, 785 S.W.2d 391 , 14 To the extent that Garcia’s subsidiary claim of plea involuntariness, predicated on the alleged affirmative misadvice, is a stand-alone

11
Castellano v. Stategreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021“An attorney representing a criminal defendant is charged with making an independent investigation of the facts of the case.” Castellano v. State, 49 S.W.3d 566, 576 (Tex. App.—Corpus Christi–Edinburg 2001, pet. ref’d); see Ex parte Harrington, 310 S.W.3d at 458 (“A criminal-defense attorney ‘must have a firm command of the facts of the case’ before he or she may render reasonably effective assistance of counsel.” (quoting Ex parte Welborn, 785 S.W.2d 391 , 14 To the extent that Garcia’s subsidiary claim of plea involuntariness, predicated on the alleged affirmative misadvice, is a stand-alone

11
Battle v. Stategreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Battle v. State, 348 S.W.3d 29, 30-31 (Tex. App.—Houston [14th Dist.] 2011, no pet.). 4 conducted concerning that offense; or (B) 15 years of age or older at the time the child is alleged to have committed the offense, if the offense is a felony of the second or third degree or a state jail felony, and no adjudication hearing has been conducted concerning that offense; and (3) after a full investigation and a hearing, the juvenile court determines that there is probable cause to believe that the child before the court committed the offense alleged and that because of the seriousness of the

11
John Gonzalez III v. Stategreen
texapp · 2015 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Following a full investigation and hearing, the Court found probable cause to believe the child committed the offense and that the seriousness of the offense, background of the child, and welfare of the community requires that the criminal proceedings move to Criminal District Court.”); Gonzales v. State, 467 S.W.3d 595, 602 (Tex. App.-San Antonio 2015, pet. ref’d) ("Here, the juvenile court made the following findings: 1) Gonzales was alleged to have committed murder under Texas Penal Code section 19.02; 2) Gonzales was sixteen at the time of the hearing; 3) Gonzales was fifteen at the time o

11
Aarron Jacob Moore v. Stategreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Tex. Fam.Code Ann. § 54.02(a) (Vernon 2014); see Moore v. State, 446 S.W.3d 47, 52 (Tex.App.-Houston [1st Dist.] 2014, pet. granted) (holding that section 54.02(a) applies to one who is “child” at time of transfer and section 51.02(2) defines “child” as person who is “ten years of age or older and under 17 years of age”). ' The State bears the burden to produce evidence that the waiver of jurisdiction is appropriate.

11
Jorge Guerrero v. Stategreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Id. at 50; see also Guerrero v. State, 471 S.W.3d 1, 4 (Tex. App.—Houston [14th Dist.] 2014, no pet.).

11
Ex Parte Waggonergreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011Code Ann. § 54.02 (a) (Vernon Supp. 2010); see id. § 54.02(i) (“A waiver under this section is a waiver of jurisdiction over the child and the criminal court may not remand the child to the jurisdiction of the juvenile court.”); see also Ex parte Waggoner, 61 S.W.3d 429, 431 (Tex.Crim.App.2001) (“In the absence of a transfer [to the district court], the district court was, at the time of the offense, without jurisdiction, and any resulting conviction is void.”).

11
Greenspan v. Stategreen
texapp · 1981 · cited in 1 Texas opinions naming this issue, 1996–1996
11
Harris v. Stategreen
texcrimapp · 1989 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996See Harris v. State, 790 S.W.2d 568, 588 (Tex.Cr.App.1989).

11
RP v. Stategreen
texapp · 1988 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996Tex. Fam.Code Ajsin. § 54.02(f) (Vernon 1996); see also R.P. v. State, 759 S.W.2d 181, 182 (Tex.App. — San Antonio 1988, no writ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (28)

CaseCitedYears
Allen v. Humphreys green
tex · 1977
2 sentences

1988Only information obtained by a party after there is good cause to believe a suit will be filed or after the institution of a lawsuit is privileged.” In Stringer, supra, the per curiam opinion referred to Robinson v. Harkins & Company, 711 S.W.2d 619 (Tex.1986), reaffirming that the Court had held the investigation privilege embodied in Texas Rules of Civil Procedure 166b(3)(d) was still governed by the rule established in Allen v. Humphreys, 559 S.W.2d 798 (Tex.1977).

1988Only information obtained by a party after there is good cause to believe a suit will be filed or after the institution of a lawsuit is privileged." In Stringer, supra, the per curiam opinion referred to Robinson v. Harkins & Company, 711 S.W.2d 619 (Tex.1986), reaffirming that the Court had held the investigation privilege embodied in Texas Rules of Civil Procedure 166b(3)(d) was still governed by the rule established in Allen v. Humphreys, 559 S.W.2d 798 (Tex.1977).

61981–1988
Southern Underwriters v. Schoolcraft green
· 1942
2 sentences

1970Courts should encourage and not discourage the prompt payment of compensation when an injury is sustained by an employee, and a holding that payments made pending the final investigation of the claim would be binding upon *564 the insurer both as to liability and rate of compensation regardless of what that investigation should disclose would manifestly discourage prompt payments following injuries.” 158 S.W.2d at 995 .

1959We think Judge Hickman has held contrary to appellee's contention in Southern Underwriters v. Schoolcraft, Tex.Com.App., 138 Tex. 323 , 158 S.W.2d 991, 995 , when he said: "Courts should encourage and not discourage the prompt payment of compensation when an injury is sustained by an employee, and a holding that payments made pending the final investigation of the claim would be binding upon the insurer both as to liability and rate of compensation regardless of what that investigation should disclose would manifestly discourage prompt payments following injuries." Appellee's motion for rehear

41953–1970
Stringer v. Eleventh Court of Appeals green
tex · 1986
2 sentences

1988Only information obtained by a party after there is good cause to believe a suit will be filed or after the institution of a lawsuit is privileged.” In Stringer, supra, the per curiam opinion referred to Robinson v. Harkins & Company, 711 S.W.2d 619 (Tex.1986), reaffirming that the Court had held the investigation privilege embodied in Texas Rules of Civil Procedure 166b(3)(d) was still governed by the rule established in Allen v. Humphreys, 559 S.W.2d 798 (Tex.1977).

1988Only information obtained by a party after there is good cause to believe a suit will be filed or after the institution of a lawsuit is privileged." In Stringer, supra, the per curiam opinion referred to Robinson v. Harkins & Company, 711 S.W.2d 619 (Tex.1986), reaffirming that the Court had held the investigation privilege embodied in Texas Rules of Civil Procedure 166b(3)(d) was still governed by the rule established in Allen v. Humphreys, 559 S.W.2d 798 (Tex.1977).

31987–1989
Robinson v. Harkins & Co. green
tex · 1986
2 sentences

1988We quote from Stringer : "In Robinson v. Harkins & Company, 711 S.W.2d 619 ([Tex.] 1986), we held the investigation privilege embodied in TEX.

1988Only information obtained by a party after there is good cause to believe a suit will be filed or after the institution of a lawsuit is privileged." In Stringer, supra, the per curiam opinion referred to Robinson v. Harkins & Company, 711 S.W.2d 619 (Tex.1986), reaffirming that the Court had held the investigation privilege embodied in Texas Rules of Civil Procedure 166b(3)(d) was still governed by the rule established in Allen v. Humphreys, 559 S.W.2d 798 (Tex.1977).

31986–1988
McGinty v. Hennen green
tex · 2012
2 sentences

2014Therefore, in light of McGinty v. Hennen, 372 S.W.3d 625 (Tex.2012) (per curiam), I would hold Boutin’s testimony is no evidence of the additional damages AMJ sought.

2014Therefore, in light of McGinty v. Hennen, 372 S.W.3d 625 (Tex. 2012) (per curiam), I would hold Boutin’s testimony is no evidence of the additional damages AMJ sought.

22014–2014
Continental Casualty Co. v. Downs green
tex · 2002
2 sentences

2007Co. , 32 S.W.3d 260, 263 (Tex. App.--San Antonio 2000), aff'd , 81 S.W.3d 803 (Tex. 2002) (determining that Legislature "sought to encourage a carrier uncertain of the compensability of an injury to pay the benefits pending a full investigation of the claim").

2007Co., 32 S.W.3d 260, 263 (Tex.App.-San Antonio 2000), affd, 81 S.W.3d 803 (Tex.2002) (determining that Legislature “sought to encourage a carrier uncertain of the compensability of an injury to pay the benefits pending a full investigation of the claim”).

22007–2007
Texas Department of Parks & Wildlife v. Miranda green
tex · 2004
1 sentence

2022While the Family Members attempted to rebut these affidavits and raise a fact issue on each of the three actual-notice elements, they failed to provide any evidence of element two: the Governmental Entities’ notice of their alleged fault.16 See Miranda, 133 S.W.3d at 227–28.

12022–2022
AMERICAN CENTENNIAL INC. v. Canal Ins. green
tex · 1992
1 sentence

2019Id. at 481 .

12019–2019
Randall's Food Markets, Inc. v. Johnson green
tex · 1995
1 sentence

2018Randall’s Food Mkts., 891 S.W.2d at 646 .

12018–2018
State Farm Life Insurance Co. v. Martinez green
tex · 2007
1 sentence

2017Co. v. Martinez, 216 S.W.3d 799 , 803-804 & nn.14- 20 (Tex.2007); Lamar Homes, Inc. v. Mid-Continent Cas.

12017–2017
State Farm Fire & Casualty Co. v. Griffin green
texapp · 1994
1 sentence

2015The charge instructed the jury that actual cash value was “[t]he difference, if any, between the value at the time of the loss for damage and the $3,700.00 deductible and applicable depreciation under the policy.” See State Farm Fire & Cas, Co. v. Griffin, 888 S.W.2d 150 , 157 n. 9 (Tex.App.—Houston [1st Dist.] 1994, no writ) (construing contract provision stating that ‘“Actual Cash Value’ means the replacement cost of an insured item of property at the time of loss, less the value of physical depreciation as to the item damaged”).

12015–2015
Faragher v. City of Boca Raton green
scotus · 1998
2 sentences

2015Thus, the jury reasonably could have inferred that West Point’s policy was not a “proven, effective mechanism for reporting and resolving complaints of sexual harassment.” See Faragher, 524 U.S. at 806-07 , 118 S.Ct. 2275 .

2015Thus, the jury reasonably could have inferred that West Point’s policy was not a “proven, effective mechanism for reporting and resolving complaints of sexual harassment.” See Faragher, 524 U.S. at 806-07 , 118 S.Ct. 2275 .

12015–2015
State v. Jose Angel Flores, Jr. green
texapp · 2012
1 sentence

2013Id.

12013–2013
Greg Abbott, Attorney General of Texas v. Texas State Board of Pharmacy green
texapp · 2012
1 sentence

2013In Abbott v. Texas State Board of Pharmacy , No. 03-11 00481-CV, ___ S.W.3d ___, 2012 WL 5974080 (Tex. App.--Austin Nov. 21, 2012, no pet.), we held that occupations code sections 159.004 and 159.005 do not provide a patient a "special right of access" to his medical records that trumps the Board's right to withhold the contents of its investigation file.

12013–2013
CM v. State green
texapp · 1994
1 sentence

2010Id. (citing C.M., 884 S.W.2d at 563 ). -6- 04-09-00360-CR A juvenile court may waive its exclusive jurisdiction and transfer a child to a criminal court if: (1) the child is alleged to have committed a felony; (2) the child was fifteen years of age or older at the time the offense occurred, and the offense allegedly committed is a second or third degree felony, or a state jail felony;2 (3) no adjudication hearing has been conducted concerning the alleged offense; and (4) after a full investigation and a hearing the juvenile court determines there is probable cause to believe the child committe

12010–2010
Faisst v. State green
texapp · 2003
1 sentence

2010Id. (citing C.M., 884 S.W.2d at 563 ). -6- 04-09-00360-CR A juvenile court may waive its exclusive jurisdiction and transfer a child to a criminal court if: (1) the child is alleged to have committed a felony; (2) the child was fifteen years of age or older at the time the offense occurred, and the offense allegedly committed is a second or third degree felony, or a state jail felony;2 (3) no adjudication hearing has been conducted concerning the alleged offense; and (4) after a full investigation and a hearing the juvenile court determines there is probable cause to believe the child committe

12010–2010
Qwest Microwave, Inc. v. Bedard green
texapp · 1988
11996–1996
National Tank Co. v. Brotherton green
tex · 1993
11993–1993
Maryland American General Insurance Co. v. Blackmon green
tex · 1982
11984–1984
Ex Parte Shepperd green
tex · 1974
11977–1977
Krenek v. Epps Super Market No. 2, Inc. green
texapp · 1964
11970–1970
Alamo Casualty Co. v. Trafton green
texapp · 1950
11970–1970
Texas Farm Bureau Mutual Insurance Co. v. Carnes green
texapp · 1967
11970–1970
Graham v. San Antonio MacHine and Supply Corp. green
texapp · 1967
11970–1970
Gillette Motor Transport Co. v. Whitfield green
texapp · 1942
11970–1970
Shirley v. Dalby green
texapp · 1964
11966–1966
Davidson v. State neutral
texcrimapp · 1942
11966–1966
Tips v. Barneburg neutral
texapp · 1928
11945–1945

Statutes the citing opinions construe

TX § Tex. Fam. Code § 54.02 (11) TX § Tex. Ins. Code § 541.001 (7) TX § Tex. Penal Code § 19.02 (6) TX § Tex. Fam. Code § 51.02 (3) TX § Tex. Fam. Code § 51.095 (3) TX § Tex. Fam. Code § 56.01 (3) TX § Tex. Ins. Code § 541.154 (3) TX § Tex. Ins. Code § 541.155 (3) TX § Tex. Penal Code § 19.03 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 62 (1901–2025) NY 59 (1907–2025) TX 54 (1945–2025) CA 51 (1928–2026) LA 34 (1974–2024) IL 31 (1934–2026) OH 25 (1932–2023) PA 22 (1948–2023) NJ 19 (1923–2025) IN 16 (1895–2017) FL 15 (1959–2021) OK 14 (1920–2012) WI 14 (1934–2025) CO 14 (1984–2018) MS 13 (1950–2021) MO 13 (1907–2024) OR 12 (1926–2021) MA 11 (1984–2013) WA 10 (1920–2024) GA 9 (1899–2019) MT 8 (1994–2013) AL 8 (1915–2005) WV 8 (1986–2025) MD 7 (1964–2024) ND 7 (1979–2009) MN 7 (1891–2012) NC 7 (1893–2014) AK 6 (1970–2024) TN 6 (1962–2024) ID 5 (1972–2026) AZ 4 (1985–2016) IA 4 (1922–2018) NM 4 (1994–2012) SC 4 (2008–2025) CT 4 (1991–2011) ME 4 (2005–2020) SD 3 (1984–2009) DE 3 (2022–2023) KY 3 (2002–2014) NE 2 (1945–1946) KS 2 (1949–2004) RI 2 (1899–1994) VA 2 (1898–1980) DC 2 (2012–2016) HI 2 (1978–2003)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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